In re Daniel XX.

Cross appeals from a judgment of the Supreme Court (Feldstein, J.), entered February 14, 2005 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to Mental Hygiene Law article 15, for the involuntary retention of respondent.

Respondent’s first two retention hearings resulted in court orders retaining him for 60 days and one year, respectively, and a third one-year retention order was entered on consent. In this fourth proceeding, Supreme Court decided that (1) the principles of res judicata or issue preclusion do not apply and petitioner must prove all…